State v. Rowley

McDonough, justice.

Each of the defendants, Hugh F. Rowley and Donald Spencer, appeals from a conviction of the crimes of assault with a deadly weapon in violation of Section 76-7-6, U.C.A.1953, and attempted burglary, in violation of Sections 76-1-30 and 76-9-3, U.C.A.1953.

On Sunday, October 21, 1962, at approximately 8 p. m., Mr. Vere Lancaster, an employee of J. C. Penney Company, located in Tooele, Utah, and his 15-year-old son made a security check on said store. Upon entering the store, Vere Lancaster noticed a small pile of shavings on the floor and a hole in the ceiling directly above.…